What to do if I am trying to close my deceased father’s POD account to which myself and 2 sister’s are beneficiaries?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I am trying to close my deceased father’s POD account to which myself and 2 sister’s are beneficiaries?
The problem lies in the fact that 1 sister passed away 8 days after my father. The bank won’t close the account or release the monies contained therein without an heir for my sister providing a document that establishes them as legal recipients of my sister’s share. I am out of state as is my surviving sister. My deceased sister’s husband is somewhere in Iraq or Iran (I think.). I am executor of my father’s Will and although I know a Will has no bearing on a POD account, I still have to handle things accordingly and can’t without proof of legal right.
Asked on July 29, 2013 under Estate Planning, California
Answers:
Nathan Wagner / Law Office of Nathan Wagner
Answered 10 years ago | Contributor
I am sorry to hear about your family's losses. You should do your best to locate your deceased sister's husband. If you can't find him or he won't act, then you could petition the probate court where your sister lived to become your sister's executor (or personal representative). The bank should then release the funds from your father's POD account to you as executor for your sister.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.